Serving Clients in Virginia Beach, Hampton Roads, Washington D.C. & Throughout the U.S.
Negligent and distracted drivers are often the cause of motorcycle accidents, and in a collision, motorcyclists tend to fare far worse than automobile and truck drivers. According to the National Highway Traffic Safety Administration, motorcyclists are 28 percent more likely to die in a crash than drivers of other vehicles.
Motorcycle accidents can cause life-threatening injuries that may affect your ability to work and live comfortably. If you’ve been injured in a motorcycle accident, you shouldn’t have to face the fallout of the crash alone.
James H. Shoemaker, Jr. is an experienced and compassionate personal injury attorney who will fight to get you the compensation you deserve. Call 757.223.4560 or use the form on this page to schedule a free case evaluation with him. Mr. Shoemaker represents clients in Virginia Beach, Newport News, Hampton Roads, Washington D.C. and throughout the United States.
Common Causes of Motorcycle Accidents
Car and truck drivers can take advantage of motorcyclists, cutting them off and failing to yield the right of way. Even licensed, law-abiding motorcyclists are at risk of accident, personal injury and death when out on the road. Typical behaviors of other drivers that lead to fatal motorcycle accidents include:
- Following a motorcyclist too closely
- Cutting into a motorcyclist’s lane during a left-hand turn
- Failing to check blind spots before changing lanes
- Speeding up or driving aggressively to pass a motorcyclist
- Distracted driving, including texting and driving
Motorcyclists are often told to drive cautiously and pay close attention to other drivers, but that doesn’t absolve automobile and truck drivers in the event of a motorcycle accident. If another driver’s actions are to blame for your suffering, Mr. Shoemaker will stand up for your rights.
Hazards Motorcyclists Face on the Road
Sometimes another driver isn’t to blame for your accident. Your motorcycle may not have the stability to maneuver around road hazards that cars and trucks can more easily avoid. These include:
- Potholes and rough, uneven lanes
- Edge breaks, expansion joints and open bridge joints
- Gravel, dead animals and other debris
- Railroad tracks
- Wet or slick pavement
If a road hazard or other factor led to your injury, a third party may still be at fault. Don’t let your insurance company talk you out of uncovering the truth. Mr. Shoemaker can help you determine the cause of your accident and who may be to blame.
Determining Motorcycle Accident Liability in Virginia
Fighting for what you’re owed after a motorcycle accident can be challenging, especially in Virginia. Our state follows the contributory negligence rule. This means that if you’re found to be at all at fault in a motorcycle accident, you cannot receive any compensation from the other driver or their insurance company.
While you may still be able to recover damages through your own insurance company, contributory negligence may compel them to fight even harder and drastically lower your compensation.
Insurance companies rarely have their client’s best interests at heart, and Virginia’s contributory negligence rule adds another layer of complexity to your case. These factors make it all the more important to work with a skilled motorcycle accident attorney.
Motorcycle Accident FAQs
What should I do immediately after a motorcycle accident in Newport News, VA?
Your top priority should be your safety. If possible, move to a safe location and call 911 to report the accident. Seek medical attention right away, even if your injuries seem minor. Document the scene by taking photos of your motorcycle, other vehicles involved, your injuries, and road conditions. Get contact and insurance information from all parties, as well as names and contact details for any witnesses. Avoid discussing fault.
How can a motorcycle accident lawyer help with my case in Newport News, VA?
An experienced motorcycle accident lawyer like Attorney Shoemaker can manage all aspects of your claim, from gathering evidence and reviewing police and medical reports to negotiating with insurance companies. Motorcycle accident cases often involve bias against motorcyclists, so having legal representation ensures your side is fully heard. Our legal team understands Virginia law and will fight for fair compensation while you focus on recovery.
What types of compensation can I pursue after a motorcycle accident?
In Virginia, you may be entitled to compensation for:
- Medical bills and future medical care
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage to your motorcycle and gear
- Wrongful death damages (if a loved one was killed in the accident)
Every case is different, so the types and amounts of compensation depend on the facts and extent of your injuries.
How long do I have to file a motorcycle accident lawsuit in Newport News, VA?
Under Virginia law, you generally have two years from the date of the accident to file a personal injury lawsuit. If the claim is for property damage only, the deadline is five years. It's important to act quickly—delays can make it harder to gather evidence or locate witnesses. Contacting an attorney early also helps protect your rights if the insurance company offers a low settlement.
What are some safety tips for motorcyclists in Virginia?
You can reduce your risks by:
- Always wearing a DOT-approved helmet and protective gear
- Obeying traffic laws and speed limits
- Staying visible by using reflective gear and headlights
- Avoiding blind spots and maintaining a safe following distance
- Completing a rider safety course approved by the Virginia DMV
Even safe riders can fall victim to negligent drivers, so legal support is essential after a crash.
Can I still recover damages if I wasn’t wearing a helmet?
Virginia law requires motorcycle drivers and passengers to wear helmets. If you weren’t wearing one at the time of the crash, it may be used against you when determining fault or damages. However, it does not automatically bar your claim. Speak with our legal team to better understand how this may affect your case.
Why do motorcycle accident victims choose James Shoemaker?
Motorcycle accident victims in Newport News and across Virginia choose us because of the firm’s trusted legal experience and consistent results. Attorney Shoemaker has earned a reputation for excellence, with decades of experience navigating complex personal injury claims, including those involving serious motorcycle crashes. He is rated AV Preeminent by Martindale-Hubbell, the highest rating for legal ability and ethical standards, and has been included in the Best Lawyers in America list every year since 2006.
Get a Free Case Evaluation in Newport News, VA
Virginia has a statute of limitations for pursuing your motorcycle accident claim. In most cases, you only have two years to file your case. If you’re only seeking compensation for vehicle or property damage — not including injuries or death common in motorcycle accidents — you have five years to file.
Mr. Shoemaker helps motorcyclists in Virginia Beach, Newport News, Hampton Roads, Washington D.C. and throughout the country file their cases in a timely manner so they can get what’s deserved. Call 757.223.4560 or use the form on this page to schedule a free case evaluation and begin pursing justice.